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Offenders could face 18 months in jail.

DUI/DWI legislation is always a popular preoccupation of state legislators. New Jersey municipal court attorneys must keep a watchful eye on developments in the law in order to best serve their clients. Often, these proposals would significantly affect the consequences for driving under the influence.

Consider a new bills for the New Jersey State Assembly – A3057 (click for text) – co-sponsored by Assemblyman John Amodeo (R-Atlantic County) and Assemblywoman Caroline Casagrande (R-Monmouth County). Their bill was recently approved by the Assembly Law & Public Safety Committee and, if passed by the whole legislature and signed by the Governor, would significantly increase DUI penalties in New Jersey:

Under the bill, A-3057, a person who is convicted of a second or subsequent DUI offense that occurred within 60 days of the first offense would be guilty of a crime of the fourth degree in addition to any other penalties imposed for DUI or refusal to submit to a breathalyzer test.  A crime of the fourth degreeis punishable by a fine of up to $10,000, imprisonment for up to 18 months, or both. The court may also impose bail of up to $10,000 for repeat DUI or breathalyzer refusal offenders.

In addition, the legislation calls for the suspension of the offender’s driver’s license and prohibits the offender from obtaining another license. It also requires law enforcement officers to input all summons for DUIor refusal offenses within three hours of the end of that officer’s shift into an appropriate data collection system.

Currently, New Jersey drivers convicted of a second or subsequent DUI within 60 days of committing the first offense are issue a summons and arrested with bail not exceeding $2,500.

We’ll continue to keep you updated. If you or someone you know is facing DUI /DWI charges in municipal court, it is important to appreciate the seriousness of the potential legal consequences. These include large fines, license suspension and imprisonment. It’s also important to know that, even if penalties increase, there are still defenses capable of defeating the state’s case. A skilled DWI lawyer who is current on the law, with a solid knowledge of the facts, and the help of experts, can assert the right defense to win your DWI case.  Whether the prosecutor seeks to use the Alcotest reading (breath test), field sobriety testing observations, or blood test results to get a conviction, you need a skilled attorney to challenge the state’s evidence.

The defenses to the state’s evidence vary and can be complex. Do not delay; time is of the essence. Contact the municipal court defense lawyers at DeMichele & DeMichele online today for a confidential consultation. You can also reach us by telephone at (856) 546-1350.


Post Author: Matt Rooney

is a New Jersey attorney, former Superior Court law clerk, and noted commentator who focuses his practice on family law, municipal court defense, and personal injury matters. He was recognized by SJ Magazine as a 2018 “Top Divorce & Family Attorney."

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